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08-16-2001 Regular Meeting1 1 1 .` aoe~ 20 :~:::~38 REGULAR MEETING OF THE ISLE OF WIGHT. COUNTY BOARD: OF SUPERVISORS HELD THE SIXTEENTH DAY OF AUGUST EV THE YEAR TWO THOUSAND AND ONE - PRESENT:. Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice-Chairman Stan D. Clark Richard K. MacManus Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary ~. Chairman Bradby called the meeting to order at 6:00 p.m. i'he invocation was delivered by Supervisor Claud. The Pledge of Allegiance was conducted. // Supervisor Bradshaw moved the Board amend the regular order of the agenda by making the County .Administrator's report Item i , the County Attorney's report Item 2, Citizens Comments Item 3, Transportation. Matters Item 4, Community Development report.Item 5, Emergency Management Report Item 6 and the Consent Agenda Item 7. The remainder of the agenda will be heard as originally listed on the Table of .Contents in the agenda. The motion was adopted unanimously (5-0). // .Chairman Bradby called for the County Administrator's report. County Administrator. Caskey presented a Resolutionto Oppose H.R. 2646 as Drafted by the House Committee on Agriculture for the Board's consideration. Supervisor Bradshaw moved the Board adopt the resolution and direct staff to forward a copy to Congressman Forbes and Senators -Warner and Allen. The motion- was adopted with. Supervisors MaeManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey presented a request by the Town, of Windsor that within the annexed area that became effective July 1, 2001 to 1 eo~K 2Q ~~..-'~~~ expand .the recyclables collection service to include all those residential neighborhoods and clusters of housing within that area. Supervisor Claud moved. the Board authorize SPSA to proceed in expanding .the .curbside collection of household recyclables within the Windsor annexed area, as may be identified. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.. County Administrator Caskey notified the Board that staff is :proceeding to update and reprint the Citizens Guide and that. there will be additional expenses for the reprinting of it in the current .budget. County Administrator Caskey distributed information pertaining to an upcoming Virginia Certified. Planning Commission program. to be held in October, 2001. He requested Board members interested in attending to contact his office. County Administrator Caskey referred: to correspondence from the County Administrator from the Dr. Decker proposing certain dates for a joint meeting between the Board and School Board. Supervisor Bradshaw moved the Board direct staff to communicate to the School Board that the Board prefers meeting on October 18, 2001 at 4:.00 p.m. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and. Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey noted the appearance of MacFarland Neblett, VDOT Resident Engineer, who introduced Joe Farley, District Assistant Traffic Engineer, and Andy Freeman, Associate Engineer. Supervisor Clark requested the status of prior requests relative to Whippingham Parkway. Mr. Neblett advised a speed study along Whippingham Parkway between Route 1915, Little Hampton Lane, and Route 1921 which produced an 85 percentile speed of 35.12 miles per hour.. .Responding to .Supervisor Clark's inquiry about traffic slowing techniques, Mr. Farley explained that the first section of roadway leading into Whippingham Parkway is posted 55 mph and the section further back although it is a statutory 25 mph section, it has never been submitted as such. He stated VDOT is going to submit the section located in Carrisbrooke as being 25 mph. He stated regarding. the request for a three and four-way stop signs inside the subdivision, VDOT does not adhere to these as they do not accomplish what they are trying to accomplish. He stated No Thru Traffic signs can not be posted on public roads. He 1 ~l 2 eoeK 2U -:..:-?~7 distributed a brochure of methodologies that can be used to attempt tQ address problems in subdivisions. Supervisor Claud stated he has been contacted concerning the. copy machine in the Registrar's office which is not adequate to handle the additional work being handed down by the State. Supervisor Claud moved the Board direct staff to contact the Electoral Board Chairman and/or Ms. Edwards, Registrar, so as to determine the cost for a new .copy machine. Staff is to report back to the Board at .its September 6, 2001 meeting.. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of .the motion (S-0) and no Supervisors voting against the motion. // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated the option for the property .for Sustainable Forest and International Paper has been signed by the authorized representatives of Sustainable Forest Limited Liability Company and International Paper. He recommended the Board. approve the option and authorize the Chairman to sign. Supervisor Claud moved the Board approve the option and authorize the Chairman to sign it on behalf of the County. The motion was adopted with :Supervisors MacManus, Bradshaw, Bradby, Clark. and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. County Attorney Crook stated pursuant to the Board's previous request to staff to prepare an amendment tothe Water and Sewer Ordinance to increase the connection fees from $3,000 to $4,000, he has reviewed the fees and found them to be graduated. In this regard, he asked the Board members if they had a desired graduated fee or if they. wished to keep the same ratio.. Supervisor Bradshaw moved the ordinance .amendment be prepared and published to maintain the same ratio with the base- fee set. at $4,000 on " the connection fees.. The motion. was adopted .with Supervisors MacManus, Bradshaw, Bradby, Clark and .Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook stated he has several matters for closed session later in the meeting. // Chairman Bradby called for Citizens Comments. 3 eo~~ 2U .~:~ X88 Pat Clark requested that the County Attorney advise if the 1998 zoning of Eagle Harbor invalidates the 1975 zoning agreement covering Founders Pointe. Joe. Ferguson requested that private citizens and groups be allowed to utilize Boykin's Tavern. Supervisor MacManus .:moved the Board request the two (2) committees (Guidelines Committee and Furnishings Committee) to meet and come back with a recommendation. Staff is to coordinate such meeting. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Sharon Hart, representing the Isle of Wight Citizens Association, .requested that staff investigate and report back. to the Board on the proposed changes to wetlands regulations by the Corps of Engineers. She noted that the Association will be sending written comments to the Corps to express that the Association will not support any changes that would reduce the effectiveness of existing wetland laws currently enforced. Terry Chong, President of the Ramp of Dreams, advised the Board. of a donation of a six (6) .foot half-pipe to the County for the Skate Park at .Carrollton Nike Park. Supervisor Clark moved the Board accept the donation from the Ramp of Dreams and the Director of Budget and Finance directed to prepare an appropriate resolution accepting the donation. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // .Chairman Bradby called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, stated included in the agenda is a letter advising VDOT of a modification to the County's Primary .and Secondary Road Fund (Revenue Sharing Program) for Fiscal - Year 2001-2002. Supervisor Clark moved the Board authorize the Chairman to sign the letter revising the County's intent to participate in the Revenue Sharing Funds for FY2001-2002 at reduced levels from those previously indicated in March, 2001. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 1 1 4 aoo~ 2U h~::389 II Mr. Hartley referenced a letter dated August 6, 2001 from Shirley J. Ybarra, Secretary of Transportation, advisingthat additional State funding is currently not available to extend the proposed left turn lane on Route 460 to the Hidden Acres Subdivision, but that funding is available to construct the left turn lane from the Dairy Queen Restaurant to Shirley Drive. Mr. Hartley advised that the next quarterly meeting with VDOT staff is scheduled for .September 5, 2001 at 1:30 p.m. at the Suffolk District office. He requested Board members advise him of any items they wished to have addressed at the meeting. Mr. Hartley advised. that the VDOT Resident, Engineer would be present at the. Board's September 6, 2001 meeting. He requested the Board. . advise him of any issues they wished to have addressed. Supervisor Bradshaw advised that VDOT would be replacing the. culverts on Route 460 in Zuni to alleviate any future flooding. , // Chairman Bradby called for the Community Development Report. Mr. Hartley stated included in the agenda is a status of the Founders Pointe Master. Plana He advised there will be a community meeting on August 28, 2001 at 7:00 p.m. at the Carrollton Elementary School. Supervisor Bradshaw stated the Board. will be convening early at its September 6, .2001 meeting to discuss personnel issues and he would suggest this item be listed as the first item on the agenda. Mr. Hartley stated. pursuant to the Board's discussion of a joint meeting with the Planning Commission to review the Zoning Ordinance, the members of the Planning Commission have suggested September 27, 2001. at 5:00 p.m. for such meeting. Upon suggestion of Supervisor MacManus, Mr. Hartley offered to- contact Ed McMahon to invite him to address the Board on zoning ideas ,the first week in October. He further suggested inviting the. Towns of Smithfield and Windsor Council members and Planning Commission members. Supervisor Clark suggested that the meeting be held at The Smithfield Conference Center. Mr. Hartley requested the Board. advise him of any agenda items.. Mr: Hartley noted he recently attended the Southern Area Review' Committee meeting of CBLAD at which he recommended full consistency of the County's Comprehensive Plan to the full Board. Mr. Hartley .distributed a copy of .the Action List. from the Planning Commission.- // chairman Bradby called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented the Mutual Agreement between Isle of Wight County and the Commonwealth of Virginia, Department. of .Transportation (VDOT) for a device to be attached to traffic lights which allows emergency vehicles to pass through unimpeded. Supervisor .Clark moved the Board authorize the Chairman of the Board to sign the mutual agreement on behalf of the County, subject to the approval of the County Attorney, and that the Towns of Windsor and Smithfield be notified. that the County has approved the Agreement.. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against .the motion.. Chairman Bradby advised- that .the generator at the Rushmere Volunteer Fire Department would be tested on Tuesday. Supervisor Claud inquired if the Central Dispatch Committee had meta Mr. Childress stated the Central Dispatch Committee has met and scheduled another meeting for August 21, 2001. Supervisor Claud noted he is still receiving complaints regarding the inability of Windsor. Volunteer Rescue Squad personnel to clearly hear the Smithfield dispatchers. He requested Mr. Childress to inquire as to when the headsets will be secured and operational. // Supervisor Bradshaw moved the Board amend the regular order of the agenda in order to hold the public hearings at this time. The motion was adopted unanimously (5-0). !/ Chairman Bradby called for a public hearing on the following: A. An Ordinance to Amend the Chesapeake Bay Preservation Ares Ordinance, Section 3002 to Add Nan-Tidal Wetlands Adjacent to Intermittent. Streams as Resource Protection Area 6 1. ' so~K 2U ~ ~.UU1 Mr. Hartley stated the Planning Commission. discussed the Ordinance at its meeting on June 12, 2001 and recommended the Board deny the Ordinance. Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed Ordinance. Pat Clark of Twin Hill Lane stated the- proposed amendment supports preserving the environment and addresses the .non-point sources ~of pollution. He requested the Board .approve the Ordinance. Joe Ferguson of Dews Plantation Road stated he supports the Ordinance if it applies to the .area in the County. that is part of the Chesapeake Bay watershed, but not if it applies to the Blackwater area. Mr. Hartley confirmed that .the current Ordinance and the proposed amendments apply only to the Chesapeake Bay watershed. Dean Vincent of Gatling Pointe Parkway suggested that the Board .not rush into approving the amendments. He stated it is difficult to accurately .determine the impact on properties. He stated there are provisions in the current Ordinance and ways to achieve what this proposal is trying to do. He stated the property owners which would be affected are not identified and it does not distinguish how this change would affect existing homeowners whose homes are built on or within .100 feet of existing slopes of 15% or greater. He stated approval of the proposed Ordinance would prevent existing homeowners from adding onto his home or possible prevent him from rebuilding in the event of a fire. He stated it fails to quantify any current. degradation of water quality into the perennial streams from existing development. adjacent to intermittent streams. He recommended. that the County wait until CBLAD and the Corps of Engineers releases information on its amendments to its regulations which will occur in the Fall. Janet Brown of Butterfield Lane requested that persons .who own . property on the water be notified about items such as this. She stated no one on this lane was notified about this ordinance amendment. In response to Board inquiry on public notice, County Attorney Crook stated the Ordinance was advertised twice.:in the newspapers for the public hearing- by the Board tonight and twice for public hearing by the Planning Commission. :Tom Kirk of Echo Lake stated the. proposed Ordinance does all but condemn.. property of homeowners who have a 15% slope that go ..into - intermittent. streams. He stated approval of the Ordinance would eliminate any property owner on Echo Lake from doing. anything in the future. He 7 stated he is also representing Stan and Melinda Smeltzer, Carol .Roland, Mark Smith, Bill and Janet Shields. Steve Adams with Cypress Creek Development spoke in support of the Planning Commission's decision of 8-1 to recommend denial. He stated if approved, the impact on Cypress Creek development would be significant. He stated this Ordinance is not required under any State legislature at this timeand the full impact is not known at this time: He statedthe economic impact on the County in the long range is also unknown. Wayne Melcore, representing the owners of "The Rocks" stated he supports reasonable measures that protect intermittent streams. He stated whether or not he has a problem with the ordinance depends on what is used as the criteria for intermittent streams. Thomas Finderson stated that while .the environment. is suffering a major- impact he would suggest that the Board reduce the buffer number from 100 feet to 75 feet as a form of compromise in case the County is being too severe on developers. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Clark stated he believed the amendments warranted further review. Supervisor MacManus stated the Board just received information from staff yesterday and as he has not had an opportunity to review it, he would concur that it would be premature for the Board to take any action at this point. Supervisor Bradshaw stated he would like additional time to review the information, as well as the comments. received tonight. Supervisor Claud noted there are too many unknowns and he would like. to know what kind of impacts the amendment would have on the agricultural and forestal community. Supervisor MacManus moved the Board direct staff to contact CBLAD, Corps of Engineers and- DEQ and obtain their feedback. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark moved .the Board further review additional information requested by Supervisor MacManus until. the October 18, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradshaw, 1 1 1 8 1 1 808K 2O f,`•~~.7J Bradby, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion. Chairman Bradby called fora public hearing on the following: B. An Ordinance to Adopt Administrative Fees for Planning and Zoning Matters Chairman Bradby called .for persons to speak in favor of or in opposition to the proposed Ordinance. County Attorney Crook stated the Planning Commission recommended adoption of the Ordinance at its last meeting and if the Board adopts these .rates, the motion would need to recite that these rates would supersede anything that may be contained in any of the Ordinances, i.e, Subdivision Ordinance, Zoning Ordinance, Wetlands Ordinance, for administrative purposes. He stated it would take a number of amendments ~to the County's other ordinances to implement or put these rates in those ordinances. Upon no one speaking in opposition, Chairman Bradby called for comments from the Board. .Supervisor MacManus stated the cost estimate for subdivision plat reviews, site plan reviews and wetlands permits twelve (12) years ago were much lower than the amounts being proposed now. He stated he has a hard time understanding why the County did not originally try to match DMG's recommendations, at least in those specific areas, twelve (12) years ago. Mr. Hartley stated what the Board has in the fee schedule is what was recommended by staff in .1991., not what was recommended by DMG. Supervisor Bradshaw recommended the Board follow the 1989: study, presented in 1991, as these rates can be justified. Supervisor Claud recommended that staff evaluate subdivision .plat reviews, site plan reviews,. wetlands and zoning permits and ..provide the Board withgeneral information. Supervisor Clark. stated he would like to know what Prince George and Gloucester Counties charge. He stated the Board wants. the applicant to bear the burden of what it cost the County to process applications. Supervisor MacManus moved- the Board not adopt ,the recommended. ordinance before the Board. The motion .was adopted with Supervisors MaclVlanus, Bradshaw, Bradby, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion.... 9 . BOOK 2O ~;~:'~~.74 Supervisor MacManus moved the Board direct staff to come back at the Board's October 18, 2001 meeting with detailed revisions for the cost .estimates for the Planning and Zoning Department for the Board's review and consideration. .The. motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradby called for a public hearing on the following: C. The application of Isle of Wight County Department of Parks & Recreation to hold the "2001 Isle of Wight County Fair" on Thursday, September 13, .2001 through Sunday, September 16, 2001 on 43.9 acres of land adjoining the Courthouse Complex which is located on the west side of Courthouse Highway (Route 258) in Hardy Magisterial District Chairman Bradby called for citizens to speak in favor of or in opposition to the application. Alan S. Nogiec, Director of Parks and Recreation, requested the Board approve the application for the proposed eighth County Fair scheduled for September 13`x' through the l 6`'', 2001. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Isle of Wight County Department of Parks and Recreation. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud .voting in favor of the motion (S-0) and no Supervisors voting against the motion. Chairman Bradby called for a public hearing on the following: D. .The application of F. Bruce Stewart & Holt M: Livesay, owners and Veterans of Foreign Wars, Franklin Post 4411, prospective owner for a change in zoning classification from NC-R2 to Conditional General Commercial, 4.3 acres of land located on the east side of North Lynn Road, Franklin,. in Windsor Magisterial District. Thepurpose of the application is for the home post for the Veterans of Foreign Wars, Post 4411 Franklin and mini storage rentals. Chairman Bradby called for citizens to speak in favor or in opposition to the application. Supervisor Bradshaw stated because he is in a managerial position with. International Paper, an adjoining property owner to the property being 1 1 1 10 e~o~K 20 ,h.. ~~, 1 1 requested for rezoning, he would remove himself from any discussions. or voting due to a potential conflict of interest. Wesley. Faucet, Chairman for the Post Committee for the Veterans of Foreign Wars at FFranklin Post 441.1, stated this groups works to assist the .veterans in the southern end of the. County and also provide funding and .assistance to the various police and fire departments for community services. ' He stated special programs for the school is also provided: He stated approximately $40,000 was produced to help with :Hurricane Floyd. He stated Post 4411 and International. Paper agreed to work together for a period of sixty (60) days on the exchange of an acceptable parcel. He stated if upon completion of the. sixty (60) days the two groups were unable to agree upon a suitable exchange, International Paper has promised not to oppose the rezoning of the parcel 69-0126. He stated an agreement was not reached due to location. because the members thought the location offered by International Paper were too far away from their present location. He stated there. was a property owned by International Paper that -was closer to their location, but it was not available. He stated cost was another factor in not being able. to reach an agreement. He stated the cost to prepare the site on Lynn Road would be approximately $10,000. He stated the cost escalated to $33,755 for the site on Joyners Bridge Road. He stated he believes that International Paper would not want anyone to be located at ..the property being considered for obvious reasons. He stated he believes Post 4411 will be an excellent buffer between. the- industrial site and the Springdale Apartment complex for elderly and handicapped individuals. Supervisor Clark nquiredas to the difference between the price of the property he is requesting rezoning and the land. International Paper was offering. Mr. Faucet. replied there would be costs for clearing the land for septic systems and the deep well. Supervisor Clark stated Mr. Faucet stated earlier. that International Paper opposed the rezoning for obvious reasons and what -were these reasons. Mr. Faucet replied noise and dust; He stated he was not concerned with the noise and dust as the current Post is located at the airport. Supervisor Clark inquired if there was any heavy .truck traffic on the same road the Post would be accessing, Mr. Faucet stated by letter. dated June 14.2001, the Post proffered to locate the driveway on the furthest end of the property driveway to lessen any interference with the trucks. He stated they also proffered a no on-road parking to help alleviate this situation. 11 BOnR N\~ ~.~7 'i '.i~ Herb DeGrof} of Mill Swamp Road, Hardy District, Vice-Commander of Post 8545 in Smithfield, spoke in support of this Post request that the Board approve the site for the new Veterans of Foreign Wars Post. He stated these individuals have served the flag of our country. and deserve the opportunity to have the Post at that location. He presented Supervisor Bradshaw with a savings bond that his daughter won for the VFW .Voice of .Democracy Contest. He requested.Supervisor Bradshaw give the savings .bond to his daughter. Holt M. Livesay, seller of the property, stated in 1976 his Father offered this property to Union Camp, now International Paper, as it was no longer needed for the Airway Shopping Center once sewer and water was installed on Highway 58. He stated he and Bruce Stewart inherited the property. and the property was placed on-the market in January, 2001. He stated a representative from the Particle Board Plant of International Paper contacted the real estate agent and expressed an interest, however, never followed up. He stated in late February, 2001, the VFW made an offer on the property. He stated the Planning Commission unanimously recommended .approval of the request. He stated he had a letter from the Particle .Board Plant stating they no longer opposed the rezoning after the two (2) months' period. He stated there was an agreement signed in June, 2001 signed by both parties that stated if the VFW was not provided a substitute. by International Paper within two (2) months that the Particle Board Plant would withdraw its opposition. He stated it is not International Paper that is opposed to the rezoning, just the Particle Board Plant. He stated it made better sense to zone this property commercial and have the VFW as a buffer between the Particle Board Plant, zoned industrial and Springdale Apartments, zoned residential. He stated if sold to the VFW, there would be no children to educate, nor any strain on County services. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor MacManus asked. if additional time was allocated, could a solution be found that would be a compromise position for both parties. Mr. Faucet stated this possibility was discussed, however, it was stated that after the rezoning process was over, it would not be of any further use to International Paper. Supervisor .Claud noted he had a call from a representative of International Paper that work between the two (2) parties to find a location had not been successful. He stated he had the impression that opportunities existed. if the two (2) parties continued to work at it, but, in the interim, the letter submitted as of May 1, 2001 to the County was still in effect and International Paper was not rescinding the letter. ~, ---,,I ~J 12 II 1 soon z~) •:,: ~~~ Supervisor Clark referred to comments by the Director of Planning and Zoning that indicated. that the weaknesses were that it was not consistent with the Comprehensive .Plan use. He asked Mr. Hartley to elaborate on these comments. Mr. Hartley stated the property is currently designated under the new Comprehensive Plan as industrial and that there are criteria within that table in which a .commercial designation .would be applied or a commercial designation would be evaluated. He stated because this. parcel is not located on a primary road, among other things, it does not meet those .criteria and qualify as commercial. He advised that this application was submitted prior to the adoption of the new Comprehensive Plan.. Supervisor Claud requested Mr. Hartley respond to the write-up received by -the .Board that stated water and sewer was available to the property, however, later information was received that stated sewage •,vas - not available. Mr. Hartley stated water was available to this site and staff was under the impression that both water and sewer was available, however, the Department. of Public Utilities has advised that sewer is .not available and would not be reasonable because of the railroad to require them to hook. up to the public system. He noted while they have water, they. would have to put in a private septic system. Supervisor Claud inquired if the applicant was planning to proceed with a septic system from the .beginning. Mr. Faucet stated the .housing area. does not have an emergency entrance and it was suggested that the Post could give them an emergency exit and the Post hook up to their septic system. He stated the other sewage. line where International Paper is hooked up to is located on the other side of .the railroad .track and since they were able to do this, he is sure it .can be done again or a suitable septic. system until such time`.there is a sewer line available. Supervisor MacManus moved the Board approve. the application of F. Bruce Stewart and Holt M. Livesay based on the June 21, 2001. letter and including the July 14, 2001 preferred changes. The motion was a tie vote (2-2) with Supervisors MacManus and Bradby voting in favor; Supervisors .Clark- and Claud against the motion; and, Supervisor Bradshaw abstaining from voting noting he had a conflict of interest. County Attorney Crook advised the Board that the tiebreaker (White) would be present at the Board's September 6, 2001 meeting: to vote. Chairman Bradby called for a public hearing on the following:. 13 ;~ 904 20 %;:':'•~~..10 E. The application of Herbert L. Diggs, Jr. fora .change in zoning classification from NC-R2 to RAC approximately .5 acre of land located at 9270 Thomas Park Lane, Smithfield, in Newport Magisterial District. The purpose of the application is for the permanent location of a double-wide mobile home Chairman Bradby called for citizens to speak in favor of or in .opposition to the application. Herbert L. Diggs, Jr. requested the Board approve his application. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Bradby moved the- Board approve the application of Herbert L. Diggs, Jr. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradby called for a public hearing on the following: F. The application of the Leslie W. Thacker, Estate, owner and Michael D. Thacker, prospective owner, for a .change in zoning classification from RAC to Conditional Rural Residential, approximately ninety (90) acres of land located on the south side of Mill Swamp Road (Route 626) east of Emmanuel Church Road (Route 708) and west of Bub's Lane, in Hardy Magisterial .District. The purpose of the application. is for no more than three (3) single family residential lots, as conditioned. Chairman Bradby called for citizens to speak in favor or in opposition to the application. Michael. Thacker requested the Board approve his application, as proffered Chairman Bradby closed the public hearing .and called for comments from the Board. Supervisor MacManus moved the Board approve. the application of Leslie W. Thacker, Estate, as proffered. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the. motion (5-0) and no Supervisors voting against the motion. Chairman Bradby called for a public hearing on the following: G. The application of Carol D. Scott for a change in zoning classification. from RAC to Conditional -Community Center, ~1 14 1 1 eon 20.,.'`~~~ approximately 5 acres of land located on the south side ofUzzell Church Road (Route 692) and off the west side of Carroll Bridge Road (Route 654), Smithfield,. in Newport Magisterial District. The purpose of the application is for the creation of no more than four (4) single family residential lots, as conditioned. Chairman Bradby called for citizens to .speak in favor of or in opposition to the application. Carol D. Scott requested the .Board approve her application, as proffered. Chairman Bradby closed. the public hearing and called for comments from the Board. Supervisor Claud: moved the Board. approve the application of Carol D: Scott, as proffered. -The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradby called for a public hearing on the following: H. The application of John M. Marshall for a change in zoning classification from RAC to Conditional General Commercial three (3) acres of land located at the terminus of Boundary- Road. (Route 2026). which is off the west side of Smith's Neck Road (Route 665), Carrollton, in Newport Magisterial District. The purpose of the application is for a general auction once a month, a5 conditioned. Chairman Bradby called for citizens to speak in favor of or in opposition to the application. John M. Marshall requested the Board approve his request for a Conditional Use Permit to allow him to use his property once a month in a commercial activity. He stated in January of 2001, he received a letter and a phone call from the Codes Enforcer indicating that. he 'was in violation as he has been conducting a commercial. activity on land zoned agricultural on a regular basis., however, he could not define the number of auctions he :could perform on his property. He stated four (4) months later he received a letter . indicating that he must apply for a rezoning immediately.. He stated this. property has been in his family since .civil war days and he purchased the. fourteen (14) acres from his father in 1999 for the use of auctions. He stated the issue of parking has been raised and he is willing to make a parking area if his application is approved. He stated- he is only requesting that one (1) day a month he be allowed to use his property for the purpose of :holding an e auction. 15 80~K ~U r„,: ~~0 Supervisor Clark inquired if Mr. Marshall had ever received complaints from the trailer park. Mr. Marshall stated after holding his first auction, he was requested to address the parking for liability purposes. He stated. he then roped off the area and hired a person to park the. cars. Since then, he stated, he has not received any complaints. Responding to Supervisor Clark's inquiryabout the days and hours of Mr. Marshall's proposed auctions, Mr. Marshall stated he normally holds an auction on the first Saturday of each month from 10:00 a.m. until 4:00 p.m. that .afternoon. Supervisor Clark .inquired if Mr. Marshall would agree to submit a parking plan. Mr. Marshall replied this would be no problem. Supervisor Bradshaw inquired if Mr. Marshall has continued to hold .auctions after being notified by the County that he was not in compliance with the zoning. Mr. Marshall stated after being. notified in May of 2001, he relocated his auctions temporarily to another piece of property. Supervisor MacManus noted that the Planning Commission voted unanimously to recommend denial of the application to the Board. He inquired the reasoning for the vote, as well as what would be necessary for Mr. Marshall to conduct his auctions. Mr. Hartley stated the Planning Commission expressed that the zoning was not consistent with the Comprehensive Plan and that while Mr. :Marshall had been advised that he could not conduct activities on that property he did continue to schedule auctions. He stated he was first. contacted in January of 2001. and it was not until. May of 2001 that Mr. Marshall had actually applied for a rezoning and conducted another auction at another location other than this property. He stated if the rezoning is approved,. Mr. Marshall would need to submit a site plan and address the parking and sanitation issues. Supervisor Clark inquired how long Mr. Marshall has been conducting auctions at this .property. Mr.. Marshall advised he performed two (2) auctions in 1999 and six (6) auctions in 2000. Chairman Bradby closed the public hearing and called for comments from the Board. 1 16 1 eooK 2U .r~401 .Supervisor Bradshaw moved the Board follow the recommendation of .the Planning Commission and deny the application of John M. Marshall. The motion was defeated (3-2) with Supervisors Bradshaw and Bradby voting in favor of the motion and Supervisors Clark, Claud and MacManus voting against the motion. Supervisor MacManus stated Mr. Marshall is requesting approval of a ,Conditional Use Permit and he would suggest. that. the Board place conditions that make it acceptable to the County,' as vvell as Mr. Marshall. He stated Mr. Marshall would need to comply with holding his auctions once a month only. on a .Saturday from 10:00 a:m. until 3:00 p.m. with adequate restroom facilities and parking recommendations. Supervisor Clark stated that in addition to Supervisor MacManus' recommended conditions, he would also like for the rezoning to follow the owner.. Supervisor Claud requested an added condition that only the three (3) .acres up front of the property be included in the rezoning, not the entire property. Supervisor Bradshaw stated the Board and., staff, have spent considerable .time with the Comprehensive Plan and this is the second application tonight that the Board will be voting on that is inconsistent with the Plan. He further stated Mr. Marshall knew his land was zoned agricultural and Mr. Marshall: knew he would have to begin paying the business license tax. He stated Mr. Marshall has not done any favors for the County and he believes .the. Board should follow the Comprehensive Plan, otherwise, the Board is opening the door for future cases. Supervisor MacManus moved the Board defer .action until staff can come back with provisions necessary to make this .proposed use work to benefit. the community. The motion was adopted (3-2) with .Supervisor MacManus, Clark and Claud voting in favor of the motionand Supervisors Bradshaw and Bradby voting against the motion. Chairman Bradby called for a public hearing on the following:. I. The application of the Bernard W. Redford, owner and Wyatt S. -and Amber S. Davis, .prospective owners ..for a change in zoning classification from RAC to Conditional General Commercial approximately 1.5 acres of land located on the south side of Carrollton .Boulevard, at 15624 Carrollton Boulevard, which is south of Cedar Grove .Road .(Route 661) and north of Butterfield Lane, in Newport Magisterial. District. The purpose of the application is for an .asphalt maintenance business, as conditioned. a r 1~ aooK 20 -~~:-402 Chairman Bradby called for citizens to speak in favor of or in opposition to the application. Janet Brown of Butterfield Lane expressed. opposition to the noise and odor produced from trucks hauling asphalt into the .area. James Baldwin of Carrollton Boulevard stated he is opposed to the application because the business would be .located at his backdoor and trucks would be entering at the side of his home, ~ He stated he has black Australian swans that swim in his pond and he is concerned with any runoff from the asphalt. Albert Richard, brother of .the applicant, stated he is against the application because the applicant has not advised if he intends to store hazardous chemicals and because it is inconsistent with the area. He stated he also. has concerns with the odor produced from the asphalt. Dr. Roger Phillips of Butterfield Lane stated the features of this area which are preserved in the Comprehensive Plan are the features that persuaded his family to settle here. He stated there are a number of ponds which contain a wide diversity of wildlife -and plant life which are drained by the watershed on which the subject property sits. He stated. the property is located within zoned property designated as Suburban Estates which has nothing to do with businesses. He stated residents have chosen to locate their homes in this area because of its beautiful landscape and proximity to quiet wetlands. He expressed concern -with the environmental impact because the issues of air and water quality_are not addressed. He stated as a physician, he is familiar with the toxic nature of the chemicals used in this business. which may be air-borne or water-borne and he is concerned about the effects: vapors or fluids either accidentally or intentionally released by .this business would have on his and neighboring children. He requested the Board uphold the Planning Commission's decision to deny the. application. .County Administrator Casket' noted for the record that the Board received three (3) letters of opposition. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Clark stated he would recommend the ..Board deny the application because it is an industrial use which is an inconsistent use of property that abuts against the surrounding residential use. Supervisor Clark moved the Board deny the application of Bernard W. Redford. The motion was adopted with Supervisors MacManus, Bradshaw,. Bradby, Clark and Claud voting in -favor of the motion (5-0) and no Supervisors voting against the motion.. 18 ' g0^~ 2U .~'~'.)~ // Supervisor Bradshaw moved the Board:-take a five (5) minute recess. The motion was adopted unanimously (5-0). // Upon returning. to open session, .Chairman Bradby noted for consideration of the Board a report provided by the Treasurer concerning delinquent taxes from June 30, 2000. I~ County Attorney .Crook advised that the Treasurer is required by statute to provide a report to the Board annually of delinquent taxes. He noted that the Board authorized the report to be advertised in the newspaper the previous year. Supervisor Clark moved that the Board direct the Treasurer to publish the delinquent tax collection report as presented by the Treasurer and in the - same manner as publishedthe previous year. Themotion was adopted with .Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Chairman Bradby indicated the following Consent Agenda included Items 7, A through D, and asked if there were any items for removal: A. .Delinquent Real Estate Tax Collection Monthly Report B. July 19, 2001 Continued Meeting Minutes C. July 19, 2001 Regular Meeting Minutes D. July 31, 2001 Continued Meeting Minutes Supervisor Claud moved the Board approve all ,items of the Consent. Agenda. The motion was adopted with Supervisors MaeManus, Bradshaw, , Bradby, Clark and. Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for. Old Business. Supervisor Claud advised .that the: pipeline dedication ceremony was held by the Western Tidewater Water Authority at 12;00 p.m. on the Chuckatuck Bridge. Supervisor MacManus requested the status of the .build-out schedule: from Charter Communications. 19 eO~M 2U ~ti::404 County Administrator Caskey advised that the schedule was received in his .office today and Mr. Hornbaker is in the process of reviewing the digital format. Supervisor Bradshaw requestedthe County Administrator advise Ms. Stallings, Manager of Charter Communications. Company, of the numerous complaints he has received regarding poor cable reception or no service in the Carrsville area. He requested refunding of entire Carrsville area for this month. Chairman Bradby requested that the County Administrator inform Ms. Stallings of a low-lying cable. along Route 10 just before Burwells Bay. Upon inquiry from Supervisor MacManus, Mr. Nogiec advised that an official ribbon cutting for the Skate Park will occur in October, 2001.. // Chairman Bradby called for New Business. Supervisor MacManus stated regarding a letter from the Corps of Engineers requesting comments from the County, Supervisor MacManus moved the Board direct staff to develop information based on comments received today and report to the Board at its September 6, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, ..Clark and Claud. voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor. MacManus requested staff to verify the split of proffered monies for the London Park development and that staff further determine if any amount is to go to the Town of Smithfield. Supervisor 1VIacManus stated. the Town of Smithfield has revised its Subdivision Ordinance for street lights to .require a provision for electric service to be provided for seven (7) years.. Mr. Hartley stated the. County has a Board policy on street lighting which requires the developer to pay for the cost of installation. and five. (5) years. ofelectric cost based on estimates of the power company serving it. Supervisor MacManus stated the County should. at least be equal to what the Town of Smithfield is requiring which is seven (7) years based upon review of the Hampton Roads communities. Supervisor MacManus moved the Board direct staff to develop for the Board's review and approval a new policy .requirement, obligating the payment for street lights to be seven (7) years versus five (5) years. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark 1 1 J 20 .. eoo~ 2~ ,r-:405 and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. - 1 Supervisor MacManus inquired about the.. status of the Bicycle Committee. Mr. Nogiec advised that he recently sent a letter to the members of the Committee advising that the Committee will meet in October,. 2001 to put together a plan on what they will do. He further advised there is one (1) appointment that needs to be made. to the Committee to represent the Hardy District. Supervisor Claud moved the Board have a work session. with the Director of Parks and Recreation and the Recreation Advisory Committee at the Board's first meeting in November, 2001 regarding the master plan. for the Central County Park.. The meeting will begin one (1) hour. prior to the regular meeting. All Board members are to talk to their representative about their interest in continuing to serve'in this capacity or replace as necessary. The motion was adopted with Supervisors 1VIacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors ` voting against the motion. // Chairman Bradby called for Appointments. Supervisor. Bradshaw moved the Board reappoint_ Reverend James Key, III to the Southeastern Tidewater Opportunity Project. The motion was adopted unanimously (5-0). // County Attorney Crook requested the Board enter closed `session under Section 2. T-344 A7 of the Freedom of Information Act for advice of .counsel on a probable litigation matter and under Section 2.1-344 A3 concerning three (3) matters of property acquisition where public disclosure would adversely affect the County's negotiating position. Supervisor Claude requested the Board enter closed. session under Section 2.1-344 A 1 of the Freedom of .Information Act concerning a personnel matter. County Administrator Casket' requested the Board enter: closed session under Section 2.1-344 A 1 of the Freedom of Information Act concerning a personnel matter. Supervisor Clark moved. the Board enter closed session for the reasons: stated. The motion was adopted with Supervisors MacManus, Bradshaw, 21 tio~li 2,! fhl: i~~ Bradby, Clark and Claud voting in favor of the motion (5-0) and. no Supervisors voting against the motion. Upon returning to open session, Supervisor. Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date. pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2. l -344.1 D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was. conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. . Supervisor Claud moved the Board authorize the County Attorney to proceed with litigation on the matter discussed in closed session. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud. voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Claud moved the Board withdraw the rezoning application for the Greyland property. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. u 22 .. L 1 9~Qn ~U •~~: fU7 Supervisor Clark moved the Board amend the rezoning for Sustainable Forest tract to conditional zoning .and include. proffers of restrictive: covenants. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. At 10:30 p.m., Supervisor Clark moved the Board continue its. meeting until September 6, 2001 at 1:00 p.m for the purpose of discussing personnel issues in closed session. The motion was .adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion. // ~A\ Henry H, Bradby, Chairman W i W. Dou s skey, Cler 23 ~~